Foreclosure paperwork miscues piling up

Brent and Wendy Diers of Fruita thought their foreclosure nightmare would end in April when they sent a check to pay off their mortgage.

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But more than six months later, CitiMortgage hasn’t followed through on repeated assurances it would release the lien and give them title.

And despite a judge’s ruling that they are not in default, the lender’s law firm, Castle Meinhold & Stawiarski, continues to pursue a foreclosure sale.

“We are not in default and they do not have authorization to sell our house,” a frustrated Wendy Diers said.

Although the Diers case is extreme, it is just one of several stories of borrowers in Colorado and elsewhere who find themselves trapped in a frustrating state of limbo.

A surge in foreclosures has strained the system across the country, creating problems of lost paperwork, uncertain ownership on mortgages, and sloppy processing that has forced some lenders in recent weeks to pull back.

And those individuals who fall through the cracks like the Dierses find it hard to get out.

In a phone conversation, the Dierses recorded a CitiMortgage employee in May telling them “rest assured, we do have the check. Everything is fine.”

In July, the couple were told the title was being contested. Another CitiMortgage representative, named Jennifer, in late July tells them, “We have the title clear. The mortgage has been paid.”